Terms and Conditions
1. Scope of Application
1.1 These Terms and Conditions (T&C) apply to all contracts between Escape Readz Publishing Köhler GbR (hereinafter referred to as the “Provider”) and consumers (hereinafter referred to as the “Customer”) regarding the use of the subscription-based book flat rate as well as the planned purchase of merchandise through the Provider’s online shop.
1.2 Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to them in writing.
1.3 Consumers are natural persons who enter into a legal transaction for purposes that predominantly can neither be attributed to their commercial nor their independent professional activity (Section 13 of the German Civil Code – BGB).
1.4 Entering into a contract with entrepreneurs within the meaning of Section 14 BGB is excluded.
1.5 The Provider’s offer is directed exclusively at natural persons with full legal capacity who are at least 18 years of age.
2. Conclusion of Contract
2.1 The services presented in the online shop (flat-rate subscriptions) do not constitute binding offers, but serve for the submission of a binding offer by the Customer.
2.2 The Customer submits a binding offer by completing the ordering process and clicking the order button placing a paid order.
2.3 The contract is concluded as soon as the Provider accepts the Customer’s offer by sending an order confirmation via email or by granting the Customer direct access to the flat-rate content.
2.4 The contract text is stored after the conclusion of the contract and transmitted to the Customer in text form (e.g., via email).
2.5 Communication and order processing take place via email. The Customer must ensure that the email address provided is correct and capable of receiving emails.
3. Right of Withdrawal
3.1 Consumers generally have a statutory right of withdrawal. Details can be found in the Provider’s separate Cancellation Policy.
3.2 In contracts for digital flat rates, the right of withdrawal expires prematurely if the Customer expressly agrees that execution of the contract (activation of content) begins before the expiry of the withdrawal period, and confirms awareness that they thereby lose their right of withdrawal.
4. Prices and Payment Terms
4.1 All stated prices are final prices and include statutory Value Added Tax (VAT).
4.2 Payment processing is conducted via the external payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (e.g., for credit card, SEPA direct debit, SOFORT bank transfer, or other payment methods offered via Mollie).
4.3 Payment processing takes place exclusively through Mollie’s technical systems. Escape Readz Publishing Köhler GbR has no influence on the type, scope, and purpose of data processing carried out there. The terms of business and privacy policies of Mollie apply (available at mollie.com).
4.4 When paying by SEPA direct debit or other direct-debit-based methods, the Customer undertakes to ensure sufficient account coverage. Chargebacks resulting from insufficient funds or incorrect information entitle the Provider to pass on the incurred chargeback costs and bank fees to the Customer.
4.5 In case of reasonable suspicion of fraud, the Provider is entitled to forward data collected during the ordering process (including IP address) to law enforcement authorities.
4.6 The Provider reserves the right to adjust prices for future billing periods or subscriptions if required by unforeseen cost increases occurring after the contract conclusion (e.g., increases in server and infrastructure costs, general operational costs, or statutory changes) or a significant development and expansion of the offer (in particular, the catalog of books and media provided relative to the user base). Price adjustments will be communicated to the Customer in text form (e.g., via email) at least six weeks before taking effect. In the event of a price increase, the Customer has a special right of termination at the time the change takes effect; if the Customer does not exercise this right, the change shall be deemed approved. The Provider will specifically inform the Customer of this effect in the change notification.
5. Subscriptions and Terms
5.1 The flat rate is offered as part of a subscription model. Billing occurs in advance on a monthly, quarterly, semi-annual, or annual basis, depending on the Customer’s selection.
5.2 The subscription automatically renews for the selected period unless cancelled before the end of the current billing period. Cancellation can be declared at any time to the end of the term in the customer account or in text form.
5.3 A pro-rata refund of subscription fees already paid in the event of premature cancellation or non-use will not be granted.
6. Provision and Rights of Use
6.1 Content of the flat rate is provided exclusively digitally via online access through the Provider’s platform. The Customer is responsible for meeting the technical requirements (device, internet connection) independently.
6.2 The Provider grants the Customer a non-exclusive, non-transferable right to use the provided content for private purposes during the term of the subscription.
6.3 In addition, the specific Terms of Use for the Book Flat Rate apply (specifically the restriction to personal devices and the strict prohibition of account sharing as well as circumvention of copy protection).
7. Special Notice Regarding Merchandise (Spreadshirt)
7.1 The sale of merchandise items takes place via print-on-demand through the external provider Spreadshirt (sprd.net AG).
7.2 When ordering merchandise, Escape Readz Publishing Köhler GbR does not become a contractual partner of the Customer. For production, delivery, cancellation, and warranty of merchandise items, the general terms and conditions and policies of Spreadshirt apply exclusively.
8. Warranty and Liability
8.1 The statutory warranty rights for digital products and services apply.
8.2 The Provider is liable without limitation in cases of intent, gross negligence, as well as injury to life, body, or health. In cases of simple negligence, the Provider shall only be liable for breach of essential contractual obligations (cardinal obligations) and limited to foreseeable damage typical for the contract.
9. Terms of Use
9.1 Scope of Use and Devices
Subscription Binding: The right to use flat-rate content is limited to the period of the active, paid subscription. Upon termination of the subscription, access to the books expires.
Device Restriction: Use is strictly permitted on the user’s personal devices only. Supported devices include tablets, smartphones, PCs, and notebooks.
9.2 Copyright and Usage Restrictions
Prohibition of Copying and Circumvention: Copying content, circumventing digital copy protection, or otherwise reproducing or using texts, images, or other components is strictly prohibited.
Prohibition of Transfer: Account sharing as well as renting, lending, or otherwise transferring access to third parties is strictly prohibited.
9.3 Duty of Care and Protection of Minors
Account Security: The user undertakes to take appropriate measures to protect login credentials from unauthorized access by third parties.
Protection of Minors: The user bears full responsibility for ensuring that minors do not gain access to book titles that are inappropriate for their age group.
Important Liability Notice: The user is personally liable for all damages incurred by minors due to failure to comply with these minor protection obligations.
9.4 Sanctions in Case of Violations
Account Suspension: A violation of these Terms of Use may result in temporary or permanent suspension of access.
No Claim to Refund: In the event of a justified suspension, there is no entitlement to a refund of subscription fees already paid.
Legal Action: In the event of copyright infringements, the respective rights holder expressly reserves the right to take civil or criminal legal action.
10. Community Rules
10.1 Principles of Community Interaction
Respect and Tolerance: We maintain a polite, respectful tone of interaction.
Zero Tolerance for Misconduct: Any form of hate speech, discrimination, bullying, insults, or personal attacks will lead to immediate and permanent exclusion from the community.
10.2 Rules for the Jury (Reviews & Criticism)
Genre Focus: Jury members preferably review works from genres in which they themselves are knowledgeable.
Objectivity and Constructiveness: Criticism must be objective, fair, and reasoned. Shortcomings may and should be pointed out—but always in a way that serves as an incentive for improvement for the author.
Golden Rule: Comments that discourage the author or break their spirit will not be tolerated. We want to build each other up, not bring each other down.
10.3 Participation in Reading Rounds
Feedback Obligation: Anyone participating in a reading round commits to submitting feedback or a review within 14 days after completion of the round.
Consequences of Non-compliance: If this deadline is missed without a valid reason, the participant will be excluded from future reading rounds.
Force Majeure: Exceptions naturally apply to unforeseeable events such as illness or accidents. In such cases, we kindly ask for a short message as soon as possible.
10.4 Direct Contact with Authors
Every member has the opportunity to contact authors directly to discuss their works.
Even in private chats, the requirement for absolutely respectful conduct applies. Harassment or inappropriate behavior will be penalized upon reporting.
10.5 Translators’ Area
Exclusive Platform Handling: A dedicated area is available for collaboration between authors and translators. Translators can apply here, and authors can search for specific support.
Payment and Contractual Obligation: All formalities, contracts, and payment flows must strictly be handled through our platform in accordance with our regulations. Bypassing the platform for commercial purposes is prohibited.
10.6 Protection of Ideas and Copyright
Theft of Ideas Prohibited: Texts, drafts, plot ideas, or concepts discussed within the community (e.g., in forums or reading rounds) must not be used by other authors or readers for their own purposes.
Highest Priority for Copyright: The intellectual property of each individual is inviolable. Copyright violations will be prosecuted under criminal law and will lead to immediate expulsion.
11. Applicable Law and Dispute Resolution
11.1 The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection regulations of the country in which the Customer has their habitual residence remain unaffected. 11.2 The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr 11.3 The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.